Pack v. Newman

Under the agreement of the parties, the judgment awarding the sum in controversy to the plaintiffs cannot be sustained on this appeal unless the deed from the plaintiffs to the defendant Clarence Newman vested in the latter “a marketable and indefeasible title” to the real property whereof Sarah C. Dailey died seized and possessed.

A “marketable title” is one free from reasonable doubt in law or fact as to its validity. Winkler v. Neilinger, 153 Fla. 288, 14 So. 2d 403. An “indefeasible title” is a title which cannot be defeated, set aside, or made void. In re Van Cott’s Estate, 89 N.Y.S. 2d…